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NAVAL PRIZE LAW.

PART I.

GENERAL PRINCIPLES.

CHAPTER I.

POWERS.

1. The powers with which the Commander of one of Her Majesty's Cruisers is invested for the purpose of making Lawful Prize in time of war are those of :—

VISIT,

SEARCH,

DETENTION (with a view to Adjudication).

In what Waters exercisable.

2. These powers may be exercised in any Waters except the Territorial Waters of a Neutral State. The Territorial Waters of a State are those within three miles from low water mark of any part of the Territory of that State, or forming bays within such Territory, at any rate in the case of bays the entrance to which is not more than six miles wide.

A. 2665. Wt. 19691. 78/7. D. & S. B 30

3. These powers may not be exercised over a Vessel in Neutral Territorial Waters, although she may have been beyond those limits when first descried or chased.

4. The Commander may not use Neutral Territorial Waters as an habitual War Station, whence to sally out with his Ship or Boats and exercise the powers of Visit, Search, or Detention upon Vessels lying beyond the limits of such Waters.1 But he may pass over Neutral Territorial Waters in order to effect a Capture beyond, provided they are not Waters which cannot usually be passed through without express permission.

5. Sometimes it happens that, after capturing a Vessel, the Commander ascertains that the Capture was made in Neutral Territorial Waters. In such case he should release her, if an express application is made by the Authorities of the Neutral Territory for her restoration.

Over what Ships exercisable.

6. These powers may be exercised over any Private Vessel, whatever may be her Nationality, but not over any Ship belonging to the Public Navy of a friendly Power.

7. No Vessel is exempt from the exercise of these powers on the ground that she is under the Convoy of a Neutral Public Ship.

Reasons for exercising.

8. The power of Visit should be exercised only over Vessels which the Commander of Her Majesty's Cruiser

'Twee Gebroeders, 3 C. Rob. 162.

has some reason to believe are liable to Detention, either as being the property of Enemies, or as being engaged in a prohibited trade or service.

9. The Vessels thus liable to Detention are (subject to the explanations and exceptions contained in chapters III.-XI.) :

I. Any Enemy Vessel, irrespectively of her destination or cargo. (See chapter III.)

II. Any British Vessel, or Vessel of an Ally, trading with, or acting in the service of, the Enemy. (See chapter IV.)

III. Any Neutral Vessel engaged in :—

(1.) Carriage of Contraband. (See chapter VI.)

(2.) Acting in the service of the Enemy. (See chapter VII.)

(3.) Breach of Blockade. (See chapter VIII.)

Except in these three cases, to which, under certain circumstances, others (see chapters IX.-XI.) may possibly be added by special instructions, Neutral Vessels are free to trade with the enemy.

10. Any Vessel is also liable to Detention, irrespectively of her national character, or the trade in which she is engaged, for :

A. 2665.

(1.) Resistance to Visit or Search. (See

chapter XIII.)

(2.) Sailing under Neutral Convoy which resists. (Ibid.)

(3.) Sailing under Enemy Convoy. (Ibid.) (4.) Deficiency in Ship

chapter XIV.)

B 2

Papers.

(See

Procedure to be observed in exercising.

11. Visit, Search, and Detention, must be exercised in accordance with the established course of Procedure. (See chapters XV.-XIX.)

Sending in for Adjudication.

12. When a Vessel has been detained she should be sent, with the accustomed precautions, to a Port of Adjudication; and upon her arrival there proceedings should be commenced with a view to her being duly condemned by a Prize Court. (See chapters XX.-XXII.)

CHAPTER II.

RESPONSIBILITY FOR EXERCISE OF POWERS.

13. In the exercise of the powers of Visit, Search, and Detention, great discretion will be required. The war has to be prosecuted with zeal, but at the same time care must be taken not to subject to any vexatious interference the commerce of Great Britain or her Allies, or of any other nations not engaged in the war.

14. The Commander should be careful on all occasions to observe strict propriety of conduct towards the Masters and Crews of Vessels with whom, in the exercise of these powers, he may be brought into contact; and should impress the same duty upon the Officers and men under his command.

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